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The Plant Health (Scotland) Order 2005

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Article 2(1)

SCHEDULE 9Requirements for plant passports

This schedule has no associated Executive Note

PART ARequirements for plants passports for any relevant material in Schedule 6 or 7

1.  A plant passport may only be issued in respect of relevant material that has been the subject of a satisfactory inspection at its place of production.

2.  Subject to Part B, a plant passport shall comprise either an official label or an official label together with a document of a kind normally used for trade purposes, containing the information specified in paragraph 5 or (as the case may be) 6.

3.  The references in paragraph 1 above to an official label are references to a label which–

(a)has not been previously used and is made of a material suitable for its purpose, and

(b)in the case of an adhesive label, is in a form approved for use as an official label by the Scottish Ministers, for plant passports issued in Scotland, or by the authority with responsibility for such authorisation for plant passports in other Member States.

4.—(1) The information contained in a plant passport shall be–

(a)given in at least one of the official languages of the European Community, and

(b)printed, except where it would not reasonably be practicable to do so.

(2) Where the information is printed, it shall be printed in block capitals.

(3) Where the information is not printed, it shall be given in typescript or written in block capitals.

5.  Where a plant passport comprises only an official label, it shall contain the information specified in paragraph 7.

6.  Where the plant passport comprises an official label and an additional document–

(a)the official label shall contain at least the information specified in sub paragraphs (a)–(e) of paragraph 7, and

(b)the additional document shall contain all the information specified in paragraph 7, and may also contain, clearly separate from that information, any other information relevant for the purpose of labelling the material to which the plant passport relates and which is set out in Article 2(1) of Commission Directive 1999/66/EC setting out requirements as to the label or other document made out by the supplier pursuant to Council Directive 98/56/EC(1), Article 8(1) of Commission Directive 1993/48/EEC setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production pursuant to Council Directive 92/34/EEC(2) or Article 6(1) of Commission Directive 1993/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed, pursuant to Council Directive 92/33/EEC(3).

7.  The information referred to in paragraph 5 and 6 above shall be–

(a)the title “EC plant passport” or, until 31st December 2005 “EEC plant passport”;

(b)the code for the Member State in which the plant passport was issued;

(c)the name or code for the responsible official body of the Member State in which the plant passport was issued;

(d)the registration number of the producer, importer or other person who is authorised to issue the plant passport;

(e)the week number of the date of production or when the plant passport is attached to the material, or a serial or batch number identifying that material;

(f)the botanical name in Latin of the material to which the plant passport relates;

(g)the quantity of the material to which the plant passport relates (number of plants, plant products, volume or weight);

(h)where the relevant material fulfils the requirements for a protected zone, the marking “ZP” and the code for the protected zone;

(i)in the case of a replacement plant passport, the marking “RP” and where appropriate the registration number of the producer or importer who was authorised to issue the original plant passport; and

(j)in the case of material originating in a third country, the name of the country of origin of the material or (if appropriate) the country from which the material was consigned to Scotland.

PART BRequirements for plant passports permitted for certain material in Schedule 6 or 7

1.  A plant passport in respect of any relevant material referred to in paragraph 2, 3, 4 or 5 may comprise an official label which complies with the requirements specified in the paragraph in which the reference is made.

2.  The official label in paragraph 1 in respect of tubers of Solanum tuberosum L., intended for planting, shall–

(a)comply with the requirements in Article 13(1)(a) of Council Directive 2002/56/EC on the marketing of seed potatoes(4);

(b)contain the title “EC plant passport”; and

(c)where the tubers are intended to be consigned to another part of the European Community, provides evidence that they have been officially examined to ensure that they comply with the requirements in item 18.1 of Section II of Part A of Annex IV to Directive 2000/29/EC.

3.  The official label in paragraph 1 in respect of seeds of Helianthus annuus L., shall–

(a)comply with the requirements in Article 12(1)(a) of Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants(5);

(b)contain the title “EC plant passport”; and

(c)where the seeds are intended to be consigned to another part of the European Community, provides evidence that they have been officially examined to ensure that they comply with the requirements in item 26 of Section II of Part A of Annex IV to Directive 2000/29/EC.

4.  The official label in paragraph 1 in respect of seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw. or Phaseolus L., shall–

(a)comply with the requirements in Article 28(1)(a) of Council Directive 2002/55/EC on the marketing of vegetable seed(6);

(b)contain the title “EC plant passport”; and

(c)where the seeds are intended to be consigned to another part of the European Community, provides evidence that they have been officially examined to ensure that they comply with the requirements in item 27 or 29 as the case may be of Section II of Part A of Annex IV to Directive 2000/29/EC.

5.  The official label in paragraph 1 in respect of seeds of Medicago sativa L., shall–

(a)comply with the requirements in Article 10(1)(a) of Council Directive 66/401/EEC on the marketing of fodder plant seed(7);

(b)contain the title “EC plant passport”; and

(c)where the seeds are intended to be consigned to another part of the EC, provides evidence that they have been officially examined to ensure that they comply with the requirements in items 28.1 and 28.1 of Section II of Part A of Annex IV to Directive 2000/29/EC.

(1)

O.J. No. L 164, 30.6.99, p.76.

(2)

O.J. No. L 250, 7.10.93, p.1.

(3)

O.J. No. L 250, 7.10.93, p.19.

(4)

O.J. No. L 193, 20.7.02, p.60, to which there are amendments not relevant to this Order.

(5)

OJ No. L 193, 20.7.02, p.74; amended by Council Directive 2002/68/EC O.J. No. L 195, 24.7.02, p. 32; Commission Directive 2003/45/EC O.J. No. L 138, 5.6.03, p. 40 and Council Directive 2004/117/EC O.J. No. L 14, 18.1.05, p.18; there is another amending Directive which is not relevant.

(6)

OJ No. L 193, 20.7.02, p.33; amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, O.J. No. L 236, 23.9.03, p 820, 828 and 910 and Council Directive O.J. No. L 14, 18.1.05, p.18; there are other amending Directives but none are relevant.

(7)

O.J. No. P 125, 11.7.66, p.2298; as last amended by Commission Directive 2004/55/EC O.J. No. L 114, 21.4.04, p.18.

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